Thread by @barandbench

Bench of Chief Justice of #BombayHighCourt hearing the PILs pertaining to the film #GangubaiKathiawadi.

Sr Adv Ravi Kadam appearing for @bhansali_produc states that petition before Justice Patel has been transferred here.

CJ: We take up Hiten Mehta first.

Adv Sarogi: We are not against release of film. Merely a word in the trailer.

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Sarogi: I am concerned for all 8 north eastern states. The physical appearance, I am sure milord is aware, represents the persons of China.

Sarogi: There is misrepresentation. I am concerned because my wife is from North East state. A resident of North East is shown as North eastern.

Sarogi: The main character goes for treatment with him. And there she associates him as a Chinese.
She says - aap pura China mooh me ghusaoge kya!

Sarogi: There are issues - that just because they look a way, they look like people from China.
You cannot call an Indian citizen as Chinese.

Sarogi: It is the case that PILs are being filed for publicity, but that is not the present case. We are not against the film.

Sarogi: Only that word has to be scratched, why do you want to hurt feelings of your own citizens.

Sarogi: it is not like any other petition, we want to stop the film.

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Sarogi: I am not coming here for the first time. This was informed to the authorities before filing of this petition.

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Sarogi: We are sought to be treated as foreigners!

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Sarogi: They are trying to discriminate against people from those states.

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Sarogi: Can we say that when we censor.. that is something different, because we have to now approach the High Court directly.

CJ: There is no provision?

Sarogi: No

Adv Dhruti Kapadia: I am appearing for the Kamathipura region. He is being trying to get the names - “Kamathipura” and “Kathiawadi” removed from the film.

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Kapadia: He has been trying at it since 2021 when the film was in making. He also made speeches in the assembly which was not considered.

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Kapadia: The book on which the film is based by Husaain Zaidi mentions the word Kathewali and not Kathiawadi. Kathiawadi is community from Saurashtra. The entire Kamathipura is not a red light area as is potrayed in the film.

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Kapadia: There is no disclaimer about not hurting any sentiments.

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Kapadia: the prayer clause says -

CJ: Ms Kapadia, you are always in sixth gear! No second or first gear!
State your points one by one, we are not running away!

@DhrutiMKapadia

Kapadia: I will leave it to the court to grant the prayer.

Kapadia shows two #DelhiHighCourt judgments which permitted deleting of a foul word.

Kapadia: Delhi high court says that let the movie come out with grave, not disgrace. Whatever is objectionable can be removed.

Kapadia: Any girl from Kamathipura will not be able to say where she stays. There will be assumption that if she is from that area then she is also some prostitute.

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Adv Yogesh Naidu for the residents of Kamathipura states that his only grievance limits to the area -Kamathipura.

Naidu: It is an admitted position that in some of the areas prostitution activities goes on.
But not the entire area.

Naidu: Something like this is saying that city of Bombay has only loose women! It is like that.

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Naidu: They can make changes before Feb 25, they could have come up with any name - Mayapuri or whatever.

Sarogi: Second petition states that there ought to be some disclaimer. They are leaving at that. But that is not going to suffice. The disclaimer just comes and goes.

Sarogi: and theatre is not the only place it is released. It is released on youtube and ott platforms, where CBFC certificate is not required. But there people may not read the disclaimer, or hear it.

Sarogi: The films are available on hard disks, it is not like something has to be removed and changed. It merely has to be scratched. in Udta Punjab case the Court held that court can give relief.

Sarogi: We are not saying not to release the film, when it will be released we will all enjoy, but not like that.

CJ: Objection is for Kamathipura, Kathiawadi and China. How many times has it been used?

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Kadam: This area has traditionally had a lot of Chinese Dentists. There is book which discusses about the opium trade and chinese medicines.

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CJ: so you are saying if the film has been viewed as a whole, it will be different?

Kadam: Yes.

CJ: Is it necessary for the central scheme the film? Is he is a Chinese dentist? And is it used only once?

Kadam: He is a chinese doctor - Dr Chung. North Eastern is a figment of the petitioner’s imagination.
Once CBFC board has cleared then it ends there. This PIL should be ignored for its sheer ignorance!

CJ: We can see a liquor shop with your name! (Laughs)

CJ: at that point in time, Chini was used more than China. To identify the person as Chinese… if you are showing everything 1950.. then why not use “Chini” and why “China”.

Kadam: That much liberty ought to be allowed…

CJ: If you are showing authentic then why not that.

CJ: In Kolkata, there was a China town where the Kali Temple had Chinese priests and they gave Chowmein as prasad.

Court: If you are stating he is a chinese doctor then that should take care of first petition.

Kadam: As for second petition, this representation of the whole area.. this entire community of sex workers has already been displaced due to redevelopment.

Kadam: The idea is not to denigrate the area, but just depict the region as it was. The area which had commercial sex workers is now occupied byegitkmate businesses. We are only showing the 50s.

Kadam: The guidelines also state that the period in which it is set has to be considered, hence I am submitting that it is a misplaced sense of outrage.

Kadam: Kamathipura area has undergone changes. In an article - Amin Patel himself says that the area and the women there have undergone changes.

Kadam: People who live there, historically, every city has something. With time things change. Nobody calls SoHo a red light area, For selling drugs and prostitution, but now no one says that.

Kadam: Kamathipura is a Marathi word. kaam is work, Mathi is mud..

Kadam: There is a disclaimer in the film..

CJ: How long is the disclaimer?

Kadam: 10 seconds.

CJ: Is that enough for a person to read?

Kadam is showing the CBFC guidelines.

Kadam: anytime a big film is released, PILs come.. Padmaavat came, Bajirao Mastani was heard by Cr no 54 here.

Kadam: my submission is that see the film as a whole and then period it is set in. Just based on a trailer of a few minutes, you cannot come.

Kadam: You see the film and come back. Just on speculation, one cannot.
Additionally they have come at the last minute.

Kadam: If milords wants something to be added or changed or clarified, that can be done once pleadings are complete. No urgency now.

Kadam: I have shown the number of theatres and distribution.
Why should the producer face the barrel of a gun!

Kadam: The title of the film has been realsed since 2019. The teaser was released in September 2021.

Bench rises for lunch. To continue at 2.30 pm.

Updates post lunch are here:

#BombayHighCourt #gangubaikathiyawadi

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